•bVS.'A 

V  \ 


LIBRARY 
OF  THE 

UNIVERSITY  OF  ILLINOIS. 


JANUARY  9,  1911 


AND 


FIRST  MESSAGE 


OF 

. 


Governor  Lee  Crucf 


TO  THE 


Third  Legislature 
of  Oklahoma 


JANUARY  10,  1911 


Inaugural  Address 


Ladies  and  Gentlemen: — In  speaking  to  you 
today  I  am  following  a  custom  that  has  pre¬ 
vailed  with  the  Chief  Executive  of  the  States 
since  the  foundation  of  our  Federal  Govern-, 
ment.  The  occasion  demands,  and  my  inclina¬ 
tions  compel,  that  I  be  brief  m  my  remarks. 
On  November  the  16th,  1907,  the  proclamation 
of  President  Roosevelt  ushered  into  political 
being  the  State  of  Oklahoma.  Already  the 
people  had  adopted  a  Constitution  to  protect 
their  rights  and  safeguard  their  liberties.  This 
Constitution  has  been  variously  appraised  bv, 
those  who  have  read  and  studied  it.  Its  ene¬ 
mies  characterize  it  as  novel,  radical  and  vic¬ 
ious;  while  its  friends  claim  for  it  a  degree 
of  perfection  not  hitherto  attained  in  the  or¬ 
ganic  law  of  any  sister  State.  Let  us  see  which, 
if  either,  is  right  in  the  estimate  placed  upon 
that  document. 

We  assert  that  there  is  nothing  radical  or 
strikingly  new  in  our  constitution.  We  have 
simply  acted  the  part  of  wise  citizens  and  have 
attempted  to  profit  by  the  experience  of  others, 
and  in  writing  our  fundamental  law  we  have 
embodied  in  it  the  best  provisions  to  be  found 
in  other  State  Constitutions,  so  that  Oklahoma’s 
Constitution  is  the  condensation,  into  a  single 
instrument,  of  the  best  and  most  vital  pro¬ 
visions  to  be  found  in  forty-five  other  State 
Constitutions. 

There  is  hardly  a  provision  to  be  found  in  it 
that  has  not  its  counterpart  in  some  other  State 
Constitution.  So  the  charge  that  we  are  trying- 
new  theories  and  experiments  in  government 
is  absolutely  without  foundation.  We  have  em¬ 
bodied  in  our  organic  law  the  fundamental  prin¬ 
ciples  of  free  and  just  government — principles 
that  were  first  announced,  established  and  prac¬ 
ticed  by  the  fathers  of  the  Republic;  and  must 
continue  to  prevail  as  long  as  free  government 
endures.  That  practical  operation  under  this 
constitution  is  coducive  to  good  government,  is 
abundantly  established  by  the  unprecedented 
growth  and  development  witnessed  in  the  state 
since  statehood.  The  net  increase  in  our  popu¬ 
lation  during  these  three  years  exceeds  the 
increase  in  each  of  twenty-five  other  states  of 
this  Union  in  twenty-five  years,  and  during 
these  three  years  the  taxable  wealth  of  Okla¬ 
homa  has  increased  above  an  average  of  nearly 
one  hundred  million  dollars  a  year  until  today 
the  total  taxable  value  of  property  in  this  com¬ 
monwealth  aggregates  the  tremendous  sum  of 


almost  one  billion  dollars.  This  growth  in  pop¬ 
ulation  and  material  wealth  has  been  accom¬ 
plished  during  a  period  of  national  financial  de¬ 
pression,  supplemented  by  disastrous  crop  fail¬ 
ures,  and  the  most  merciless  and  unwarranted 
attacks  of  the  State’s  enemies  ever  witnessed  in 
political  historyy. 

But  it  is  needless  to  recount  the  achieve¬ 
ments  of  the  past.  These  things  are  known 
to  all  of  our  citizens  who  have  informed  them¬ 
selves  upon  conditions  present  and  past  in  this 
state.  1  have  aluded  to  them  in  the  hope  that  a 
better  understanding  of  our  laws  and  Consti;-' 
tution  may  prevail  among  the  people  in  other 
states.  I  wish  it  were  possible  to  place  in  the 
hands  of  every  fair  minded  citizen  in  this  Re¬ 
public  a  copy  of  the  organic  law  of  this  State, 
to  the  end  that  a  proper  estimate  might  be 
placed  upon  the  same  and  justice  done  our 
people. 

Our  real  interest  now  lies  in  the  immediate 
future.  Standing  here  upon  the  threshold  of  a 
new  administration,  in  the  presence  of  men  of 
all  shades  of  governmental  and  political  beliefs. 

I  am  overwhelmed  with  the  realization  of  the 
responsibilities  and  prosperity  of  more  than  one 
million  six  hundred  thousand  people,  which 
number  will  rapidly  increase  in  the  future,  are 
in  some  measure  dependent  upon  my  acts.  Un¬ 
aided,  no  man  is  strong  enough,  mentally  or 
physically,  to  successfully  cope  with  the  prob¬ 
lem.  It  is  upon  this  idea  of  the  inability  of  a 
single  individual  to  give  the  best  government 
that  our  institutions  are  erected.  Hence  we 
repudiate  the  doctrines  of  kings  and  advocate 
rule  by  the  people.  I  want  the  idea  of  “govern¬ 
ment  by  the  people”  to  prevail  in  its  broadest 
interpretation  in  Oklahoma  for  the  next  four 
years.  There  is  work  for  each  of  us  to  do,  and 
if  we  are  to  obtain  the  best  results,  there  must 
be  no  shrinking  or  responsibilities.  I  am  but, 
a  chosen  servant  to  lead  in  the  work  we  have 
in  hand,  and  it  is  in  this  sense  that  I  enter 
upon  by  public  service. 

It  is  your  duty  to  aid  me  in  every  honest  en¬ 
deavor  I  make,  looking  to  good  government  in 
Oklahoma.  With  this  support,  my  administra¬ 
tion  will  attain  some  measures  of  success.  I 
realize  full  well  that  my  political  views  are  not 
in  accord  with  many  of  you;  but  I  also  realize 
that  our  obligations  to  the  whole  people  tran¬ 
scend  any  party  obligation  we  can  ever  incur;' 
and  in  this  broader  conception  of  our  public 
duties  we  can  find  common  field  in  which  to 
labor  for  the  people’s  welfare. 

The  battle  of  ballots  is  ended;  the  contest 
between  parties,  for  the  present  at  least,  is 
over;  now  let  us  all  join  hands,  and  as  patriots,, 
not  as  partisans,  work  zealously  for  the  com¬ 
mon  good.  I  am  entitled  to  the  encouragement 
and  support,  during  the  coming  four  years,  of 
every  good  citizen  of  Oklahoma,  without  regard 
to  his  creed  or  his  politics.  I  invite  this  sup¬ 
port,  and  expect  it,  and  will  be  bitterly  disap¬ 
pointed  if  I  do  not  receive  it.  Since  my  elec¬ 
tion  I  have  been  agreeably  impressed  with  the 
great  number  of  letters  I  have  had  from  men  in 
every  walk  of  life,  pledging  me  their  support 
and  hearty  co-operation  during  my  administra- 


—  4  — 


tion,  and  many  of  these  letters  have  come  from 
leading  members  of  the  Republican  party.  With 
that  spirit  animating  the  people  of  Oklahoma, 
I  am  encouraged  to  go  forward  in  the  discharge 
of  my  public  duties,  assured  that  I  shall  have 
the  counsel  and  support  of  men  of  all  political 
opinions. 

Just  a  word  to  the  press  of  the  state:  You 
can  make  or  destroy  the  glory  of  Oklahoma's 
future.  No  other  factor  in  the  State  wields 
such  a  powerful  influence.  It  is  therefore  high¬ 
ly  important  that  that  influence  be  exerted  in 
the  direction  of  better  government  and  a  great: 
er  State.  I  have  small  complaint  to  make  of  the 
treatment  I  have  received  from  the  newspapers 
of  this  state.  With  few  exceptions,  they  have 
treated  me  with  courtesy  and  fairness,  and  in 
the  instances  where  the  reverse  is  true,  I  have 
attributed  the  fact  rather  to  political  zeal  than 
a  deliberate  desire  and  intention  to  injure  me. 

But  whatever  may  have  been  the  motive, 
these  things,  with  me,  are  in  the  past;  let  the 
past  retain  its  own.  For  the  future  1  ask  the 
aid  of  every  paper  published  in  this  state,  in 
building  here  a  great  and  prosperous  common¬ 
wealth.  When  I  make  mistakes,  and  I  am  sure 
that  I  will  make  too  many  of  them,  I  expect 
your  criticism.  Merited  criticism,  if  given  in 
the  proper  spirit  is  useful  and  helpful  and  I 
shall  try  to  profit  by  it.  If  I  merit  your  com¬ 
mendation,  an  expression  of  your  approval  will 
be  appreciated,  and  will  help  to  lighten  the 
load  that  I  must  bear  and  make  smooth  the  way 
I  must  travel. 

I  shall  not  undertake  to  define  in  detail  my 
policies  for  the  future.  I  will  only  say  this 
much.  It  shall  be  my  purpose  to  work  inces¬ 
santly  for  the  good  of  Oklahoma’s  citizenship, 
and  for  the  greatest  possible  development  of 
the  resources  of  the  state.  To  the  timorous 
investor  abroad,  I  want  to  send  this  message: 
As  long  as  I  am  governor  of  Oklahoma,  your  in¬ 
vestments  in  this  state,  if  they  are  honest  in¬ 
vestments,  and  made  in  observance  of  our  laws, 
will  be  as  sacredly  observed  and  safeguarded 
here  as  anywhere  on  the  face  of  the  earth. 
Capital  and  labor  should  be  friends.  Both  are 
sorely  needed  in  the  future  development  of  the 
State,  and  neither  shall  unduly  harrass  the 
other  if  I  can  prevent  it.  More  railroads  with 
better  equipment;  more  factories  with  better 
appliances,  greater  development  of  vast  min¬ 
eral  resources,  with  greater  safety  to  employes; 
more  employment  of  labor  with  better  wages; 
an  educational  sytsem  meeting  the  needs  of  an 
advanced  citizenship;  a  continued  development 
of  the  agricultural  interests,  giving  greater  com¬ 
fort  and  happiness  to  the  farmers  of  the  State, 
will  be  the  slogan  for  Oklahoma  during  the  next 
four  years. 

My  politics  is  well  known  to  you  all.  I  was 
elected  as  a  Democrat,  but  I  shall  not  be  a  par¬ 
tisan  in  the  administration  of  the  affairs  of 
the  State.  I  shall  look  at  all  times  to  the 
greatest  good  to  all  the  people.  Under  no  con¬ 
ditions  will  I  sacrifice  the  welfare  of  the  public 
to  the  interest  of  any  political  organization. 
In  appointing  men  to  office,  merit  and  honesty 
alone  will  govern  me.  If  I  make  a  mistake  in 


—  5  — 


I 


the  appointment  of  any  man  to  office,  that  mis¬ 
take,  as  soon  as  it  is  discovered,  will  be  prompt¬ 
ly  corrected  by  the  removal  of  the  incompetent 
or  corrupt  official. 

I  think  I  will  trespass  a  few  minutes  further 
upon  your  time  by  referring  to  my  future  atti¬ 
tude  towards  the  prohibition  law  in  this  state. 
I  have  so  repeatedly  stated  that  I  favored  the 
enforcement  of  every  law  upon  the  statute 
books  that  it  would  seem  needless  for  me  to  re¬ 
peat  here  that  declaration.  But  our  people 
have  so  constantly  fought  over  the  prohibition 
law  of  the  State  that  I  feel  that  a  special  refer¬ 
ence  to  that  law  is  desired  by  the  public.  While 
I  am.  governor  every  power  given  into  my  hands 
by  the  Legislature  and  the  people  of  the  state 
will  be  exhausted  in  an  endeavor  to  give  to  the 
people  an  honest  and  effective  enforcement  of 
that  law.  I  am  not  a  fanatic  on  the  question  of 
prohibition,  and  no  fanatacism  will  be  exhibited 
by  me  in  attempting  to  enforce  that  law;  but 
so  long  as  it  remains  one  of  the  laws  of  this 
State,  in  the  discharge  of  my  sworn  duties,  I 
will  attempt  faithfully  to  enforce  it.  In  this 
endeavor  I  am  entitled  to  the  active  help  and 
support  of  every  citizen  who  believes  in  law 
enforcement.  Twice  the  people  have  decided 
in  favor  of  that  law,  and  it  is  certainly  entitled 
to  as  much  consideration,  on  the  question  of 
enforcement,  as  any  other  law  in  this  State. 
To  those  who  purposely  violate  this  law,  I  want 
to  give  this  warning:  You  must  pay  the  pen¬ 
alty  which  the  law  imposes.  Don’t  violate  the 
law,  harboring  the  hope  that  you  will  find  an 
escape,  through  the  medium  of  a  pardon,  from 
the  penalty  you  have  voluntarily  and  willfully 
incurred.  This  much  the  governor  can  do  to  aid 
in  the  enforcement  of  the  law — he  can  make 
certain  the  punishment,  after  conviction,  by 
withholding  pardon.  If  you  violate  this  law, 
you  had  better  defeat  the  case  against  you  in 
the  court,  for  you  will  stand  little  chance  to  de¬ 
feat  justice,  after  conviction,  by  obtaining  a 
pardon  at  my  hands. 

And  now,  my  fellow  citizens,  let  us  set  our¬ 
selves  to  the  work  to  be  performed — the  build¬ 
ing  of  an  ideal  commonwealth,  a  commonwealth 
of  comfortable  homes  and  contented  people; 
where  every  man  shall  reap  ‘  and  enjoy  the 
fruits  of  his  toil;  where  capital  shall  find  safe 
and  profitable  investment  without  oppressing 
the  poor;  where  virtue  shall  be  exalted  and 
vice  abased;  where  there  shall  be  a  realiza¬ 
tion  of  the  hope  of  the  ages  and  the  dream 
of  the  past,  “government  of  the  people,  for 
the  people  and  by  the  people.”  This  cannot  be 
accomplished  in  a  year,  nor  in  four  years,  but 
we  can  start  the  forces  moving  which  will  tend 
to  that  end.  In  this  field  there  is  need  for  all, 
and  the  man  who  withholds  his  help  is  not  a 
friend  to  Oklahoma. 

Imploring  your  help,  and  with  a  firm  reliance 
upon  Him  who  has  been  the  friend  and  pre¬ 
server  of %  our  nation  in  the  generations  of  the 
past,  and  who  will  aid  us  in  the  future,  if  we 
but  place  our  trust  in  Him,  I  enter  upon  the 
duties  of  the  office  determined  to  do  my  best 
to  merit  the  confidence  reposed  in  me  by  the 
people  in  electing  me  to  be  their  governor. 

I  thank  you. 


—  6  — 


MESSAGE 


the  Members  Third 

Legislature  in  Regular 
Session  Assembled 


Gentlemen: — I  submit  this  message  to  you 
with  a  feeling  of  hesitancy.  My  term  of  office 
has  just  begun,  and  it  is  impossible  for  me 
to  know  the  needs  of  the  various  departments 
of  the  State,  for  which  your  duty  requires  you 
to  legislate.  As  fast  as  possible,  1  shall  ac¬ 
quaint  myself  with  the  conditions  of  the  dif¬ 
ferent  departments;  the  legislation  needed,  and 
will  supply  you  with  the  facts.  There  are,  how¬ 
ever,  certain  matters  that  I  desire  to  call  to  your 
attention  at  this  time.  The  majority  of  you 
were  elected  upon  platforms  embracing  distinct 
promises  to  the  people.  These  pledges  should 
be  faithfully  redeemed.  No  man,  who  is  worthy 
to  hold  a  seat  in  the  legislature  of  Oklahoma, 
will  now  undertake  to  ignore  or  vary  the  terms 
of  the  compact  he  made  with  the  people  prior 
to  election. 


Education. 


Much  time  has  been  given  to  the  subject  of 
education  by  previous  Legislatures  of  the  State, 
and  much  substantial  progress  has  been  made 
along  these  lines;  but  there  is  much  yet  to  be 
accomplished  if  we  are  to  give  to  the  people  of 
this  State  the  best  possible  system  of  schools, 
and  a  system  that  they  are  entitled  to  have 
prevail.  The  wealth  of  the  State  is  unevenly 
distributed,  and  will  likely  continue  to  be  as 
long  as  time  shall  last.  It  follows  that  we  have 
districts  of  large  taxable  values,  where  an  in¬ 
significant  tax  will  maintain  good  schools  nine 
months  in  the  year;  while  in  other  districts  the 
taxable  wealth  is  so  small,  that  a  tax  rate 
sufficient  to  maintain  a  proper  school  for  three 
months  becomes  burdensome.  In  some  districts 
the  tax  on  public  service  corporations,  yields 
large  sums  of  money  for  educational  purposes. 
While  in  many  less  fortunate  districts  no  rev¬ 
enue  whatever  is  derived  from  this  source. 
Under  these  conditions,  progress  halts  in  these 
unfortunate  districts.  The  citizen  of  another 
State,  coming  into  our  midst  to  abide  with  us, 
naturally  seeks  a  home  in  the  district  where 
the  taxation  bears  lightest,  and  school  advan¬ 
tages  are  best. 

For  these  conditions  to  remain,  mean  an  un¬ 
evenly  balanced  citizenship;  one  class  educated 


—  7  — 


and  well  equipped  for  useful  citizenship,  the 
other  class  poorly  educated,  and  ill  prepared 
to  do  their  rightful  part  in  building  the  State. 
It  is  manifestly  impossible  to  distribute  evenly 
the  wealth  of  the  State  among  the  various 
school  districts,  but  we  can  more  evenly  dis¬ 
tribute  the  benefits  of  this  wealth  that  arises 
in  the  form  of  taxation.  You  are  being  asked 
to  appropriate  hundreds  of  thousands  of  dollars 
to  care  for  the  criminal  and  pauper  classes  of 
the  State,  and  these  demands  grow  larger  and 
more  burdensome  each  year;  but  it  is  a  burden 
that  bears  with  uniform  weight  over  all  sections 
of  the  •  commonwealth.  It  is  certainly  as  just 
to  tax  the  citizen  of  Oklahoma  City  to  help 
educate  the  boy  of  Carter  County,  as  it  is  to 
tax  the  citizen  of  Oklahoma  County  to  help 
provide  the  care  for  'the  criminal  of  Carter 
County.  Besides  it  is  the  practice  of  good 
business  methods.  Better  educateed  citizenship 
will  result  in  fewer  criminals  to  provide  for, 
and  a  less  number  of  paupers  to  support  by  the 
State.  I  therefore  urge  that  you  levy  a  tax 
for  publi^  school  purposes  that  will  be  sufficient, 
when  supplemented  by  the  interest  on  the  in¬ 
vested  school  fund,  and  rentals  on  public  school 
lands,  to  provide  not  less  than  five  months 
school  in  each  district  in  the  State. 

The  Constitution  of  this  State  provides  that, 
“The  supervision  of  instruction  in  the  public 
schools  shall  be  vested  in  a  Board  of  Educa¬ 
tion,  whose  powers  and  duties  shall  be  pre¬ 
scribed  by  law,”  and  until  otherwise  provided 
by  law,  the  Governor,  Superintendent  of  Public 
Instruction,  Secretary  of  State  and  Attorney 
General  constitute  the  Board.  Three  years  have 
gone  by  without  any  serious  attempt  on  the  part 
of  the  Legislature  to  vitalize  this  important 
section  of  the  Constitution.  Oklahoma  has  a 
splendid  opportunity  to  inaugurate  and  main¬ 
tain  a  system  of  education  suited  to  the  needs 
of  our  people,  and  thoroughly  efficient  in  all  of 
its  defails.  That  we  have  no  such  system  now 
and  cannot  have  under  our  present  laws,  is 
manifest  to  every  man  who  has  given  the  sub¬ 
ject  serious  thought.  A  half  dozen  different 
educational  boards,'  at  the  heads  of  different 
departments  of  educational  work,  each  having 
its  peculiar  idea  of  the  fitness  of  things  educa¬ 
tional,  and  no  two  agreeing  in  detail  or  purpose, 
are  creating  a  state  of  confusion  in  this  depart¬ 
ment  of  government  that  will  soon  be  unbear¬ 
able.  There  is  no  correllation  among  our  higher 
educational  schools,  and  will  be  none  under 
present  conditions.  The  result  is  duplication 
of  work  and  wasteful  extravagance  that  should 
be  speedily  checked.  The  only  hope  that  I  can 
see  for  .a  correction  of  these  conditions,  lies  in 
the  creation  of  a  Board  of  Education,  and  vest¬ 
ing  it  with  adequate  powers  to  deal  with  all 
matters  educational.  I  realize  that  an  honest 
attempt  on  your  part  to  deal  with  this  subject 
will  meet  with  stubborn  and  serious  opposi¬ 
tion.  Certain  localities,  profiting  by  the  present 
system,  will  oppose  any  change,  and  if  change 
does  come,  will  try  to  so  modify  the  law,  as  to 
make  it  ineffective;  but  the  interest  of  all  the 
people  should  prevail,  rather  than  that  special 
favor  should  be  shown  to  the  few.  Now  is  the 
time  to  act  in  the  matter.  Delay  has  already 


seriously  crippled  the  educational  interest  of 
the  State,  and  further  delay  is  likely  to  prove 
ruinous. 

Therefore,  in  the  interest  of  the  five  hundred 
thousand  « school  children  of  this  State,  and 
the  future  general  welfare  of  the  public  school 
system  of  Oklahoma,  1  beg  you  to  pass  a  law 
creating  a.  Board  of  Education,  as  the  Consti¬ 
tution  provides.  This  Board  of  Education, 
when  properly  clothed  with  authority,  can  work 
out  an  adequate  system  of  consolidated  rural 
high  schools;  a  system  that  must  prevail  in 
this  State  if  any  adequate  measure  of  justice 
is  meted  out  to  the  rural  portions  of  our  popu¬ 
lation. 

Election  Laws. 

The  present  primary  and  general  election 
laws  were  passed  by  the  First  State  Legisla¬ 
ture;  and  at  that  time  were  evidently  thought 
to  be  adequate  to  the  needs  of  the  people.  Two 
unsuccessful  attempts  have  since  been  made 
to  amend  or  modify  these  laws.  Unmerciful 
and  unjust  criticism  has  been  hurled  at  these 
laws,  until  deep-seated  dissatisfaction  prevails 
among  our  people,  and  the  demand  for  chang¬ 
ing  these  laws  comes  from  all  classes  and  all 
political  parties.  Too  much  care  cannot  be 
exercised  in  framing  a  law  to  properly  protect 
and  maintain  the  integrity  of  our  elections. 
However,  I  would  not  have  you  think  that  I 
believe  a  law  can  possibly  be  drawn  that  will 
meet  with  no  criticism.  No  matter  how  perfect 
it  may  be,  it  will  find  its  critics  immediately 
following  the  first  election  held  thereunder; 
and  these  critics  will,  in  a  large  measure,  be 
confined  to  the  list  of  defeated  candidates.  It 
has  become  almost  a  universal  custom  for  a 
defeated  candidate  to  charge  his  defeat,  either 
to  the  rascality  of  his  successful  opponent,  or 
to  the  imperfections  or  unfairness  of  the  elec¬ 
tion  law.  It  is  rare  indeed  that  the  unsuccess¬ 
ful  candidate  is  willing  to  attribute  his  defeat 
to  its  real  cause — the  desire  of  a  majority  of 
the  voters  to  have  some  other  candidate  than 
himself  fill  the  office  to  which  he  aspired.  So 
you  need  not  hope  to  pass  a  law  that  will 
escape  criticism;  but  you  can  enact  one  that 
will  meet  with  the  approval  of  a  vast  majority 
of  the  voters  of  the  State,  and  after  all,  it  is 
the  voters’  interests  that  are  to  be  looked 
after,  rather  than  the  candidates’  desires. 

In  forming  new  election  laws,  or  amending 
the  present  laws,  I  suggest  that  you  simplify 
the  laws  as  much  as  possible;  writing  it  in  as 
little  space  and  as  clear  language  as  you  cao, 
so  that  the  masses  can  read  and  understand  it. 
Knowing  full  well  that  you  can  frame  no  law 
that  will  not  in  some  instances  be  violated,  I 
would  ask  that  you  attach  severe  penalties  for 
its  violation,  so  that  adequate  punishment  may 
be  meted  out  to  the  person  who  violates  it. 

Banking. 

No  radical  changes  are  needed  or  demanded 
in  the  banking  laws  of  the  State.  Our  laws 
have  been  built  around  the  fundamental  idea 
of  protecting  the  depositor  who  commits  the 
safety  of  his  money  to  the  keeping  of  our  State 
bankers.  We  have  the  best  law  under  which 
to  build  a  safe  and  sound  banking  institution, 

that  has  ever  been  passed  in  the  Republic. 

•  •  •  •  '  •  •  :  -  .  1.  • 

■'  .  —  9  — 


:‘>i 


There  is  one  amendment,  however,  that  I  urge 
you  to  make  in  the  interest  of  better  banking 
conditions  in  the  State.  The  real  results  to  be 
obtained  from  any  law,  lie  in  the  proper  admin¬ 
istration  of  that  law.  No  matter  how  much 
of  merit  a  law  possesses,  if  it  be  imperfectly 
administered,  abuses  are  liable  to  prevail.  The 
present  laws  are  under  the  administration  of 
a  banking  board,  composed,  ex-officio,  of  State 
officials.  It  is  no  disparagement  of  the  ability, 
integrity  or  good  intentions  of  any  of  these 
officials  to  say  that  the  banking  interests  of  the 
State  would  be  better  served  if  our  banking 
laws  were  administered  by  a  differently  con¬ 
stituted  board.  These  State  officials  have  all 
the  work  that  they  can  possibly  properly  do, 
attending  to  the  duties  of  the  office  to  which 
the  people  have  elected  them,  and  they  cannot 
give  the  needed  time  and  attention  to  their 
duties  as  members  of  the  banking  board,  with¬ 
out  seriously  neglecting  their  other  official 
duties. 

The  State  banking  business  of  Oklahoma  has 
already  assumed  vast  proportions.  On  Novem¬ 
ber  10th,  1910,  there  were  six  hundred  and 
ninety-three  banks,  with  total  assets  of  $76,394,- 
089.70.  With  such  a  vast  aggregate  of  resourecs, 
constantly  increasing  and  touching  and  influ¬ 
encing  every  artery  of  legitimate  business  in 
the  State,  too  much  care  cannot  be  exercised 
in  dealing  with  the  subject.  To  handle  the 
problem  safely  and  to  the  best  advantage  of 
the  people,  men  well  qualified  to  cope  with  the 
subject,  and  with  ample  time  to  devote  thereto, 
should  be  placed  in  charge.  In  the  proper  con¬ 
duct  of  the  banking  intefests  of  the  State, 
partisan  politics  should  have  no  place.  It  is 
a  business  affair,  pure  and  simple,  and  should 
be  entirely  and  eternally  removed  from  the 
realm  of  party  politics.  I  therefore  urge  that 
you  so  amend  the  present  banking  laws,  as  to 
provide  for  the  appointment  of  a  board,  con¬ 
sisting  of  three  members  who  shall  have  entire 
supervision  over  the  banking  laws  of  the  State. 

-  I  also  recommend  that  the  law  be  changed,  so 
as  to  provide  that  assessments  made  upon 
banks  for  the  use  of  the  guaranty  fund,  be 
kept  on  deposit  in  the  banks  contributing  same, 
under  terms  and  conditions  that  will  insure  its 
payment  on  demand,  when  needed  by.  the  bank¬ 
ing  board. 

,  Prohibition. 

There  can  no  longer  be  honest  doubts  in  any 
mind  that  the  people  of  this  State  favor  pro¬ 
hibition.  On  two  occasions  the  voice  of  the 
people  has  unmistakably  spoken  in  its  favor. 
It  is  now  the  duty  of  the  Legislature  and  this 
administration  to  see  that  these  demands  are 
heeded.  It  serves  no  good  purpose  to  try  to 
disguise  the  fact,  that  the  enforcement  of  the 
law  in  this  State  has  been  unsatisfactory  to  the 
people.  The  fault,  however,  has  not  been  with 
the  state  administration,  but  with  the  law  it¬ 
self.  The  powers  given  the  Governor  have 
been  entirely  inadequate.  The  best  the  Gover¬ 
nor  can  do,  under  the  present  law,  is  to  send 
enforcement  officers  from  one  community  into 
another,  to  try  to  enforce  laws  that  local  offi¬ 
cials  fail,  and,  occasionally,  wilfully  refuse,  to 
enforce.  These  imported  officials  enter  the 


10— 


community  with  all  the  influence  these  local 
officials  and  their  friends  can  command,  thrown 
in  their  way,  to  hinder  and  obstruct  them. 
Coupled  with  this  is  the  natural  resentment 
that  an  Oklahoman  holds  against  the  system. 
As  citizens  of  the  two  Territories  prior  to  State 
government,  we  fought  so  constantly  against 
the  idea  of  imported  officials,  that  the  doctrine 
of  local  self-government  has  become  a  fixed 
principle  with  nearly  all  of  us.  Yet  the  State 
and  Legislature  owe  a  duty  to  the  good  people 
of  this  State,  and  the  law-abiding  citizens  in 
every  community,  no  matter  how  much  they 
may  be  in  the  minority,  are  entitled  to  the  pro¬ 
tection  of  the  law.  If  local  officials  fail  to  give 
this  protection,  the  State  must  give  it;  other¬ 
wise,  just  and  righteous  government  is  a  farce 
and  a  failure. 

Again  I  regard  the  present  law  inadequate  in 
this:  We  refuse  the  individual  the  right  to 
deal  in  intoxicating  liquors,  holding  that  the 
same  is  wrong,  yet  in  a  collective  capacity,  we 
have  established  dispensaries,  where  the  State 
handles  these  outlawed  liquors,  and  that,  too, 
in  the  face  of 'the  fact  that  the  people  of  the 
State  by  popular  vote,  declared  against  the  dis¬ 
pensary  system.  If  it  is  wrong  for  an  indi¬ 
vidual  to  sell  intoxicating  liquors,  it  is  wrong, 
for  an  aggregation  of  individuals  to  sell  them, 
though  you  try  to  disguise  the  individuals  by 
calling  them  “the  State.”  I  therefore  recom¬ 
mend  that  you  abolish  the  dispensary  system  in 
this  State,  and  give  the  power  to  some  respon¬ 
sible  State  official  to  remove  any  officer  in  the 
State,  whose  duty  it  is  to  enforce  this  law,  who 
fails  or  refuses  to  enforce  it.  With  these 
amendments  effective,  I  am  sure  that  more  sat¬ 
isfactory  results  will  be  obtained. 

One  of  the  chief  hindrances  to  the  proper 
enforcement  of  this  law,  is  the  prevailing  prac¬ 
tice  of  gambling  in  the  State.  A  large  percent¬ 
age  of  the  violation  of  this  law  of  prohibition, 
is  directly  traceable  to  this  cause.  If  you  will 
abolish  gambling  you  will  decrease  crime  fifty 
per  cent  in  this  State.  Of  course,  no  one  be¬ 
lieves  that  you  can  pass  a  law  that  will  entirely 
stop  gambling,  but  you  can  lessen  the  .evil.  As 
a  means  to  this  end,  I  recommend  that  you 
make  it  a  felony  for  any  man  to  run  a  gambling 
house  in  this  State.  When  you  have  passed 
such  a  lay,  you  have  discharged  your  duty  in  the 
matter.  The  responsibility  for  results  will  then 
be  placed  upon  other  officials  and  the  people  of 
the  State  who  believe  in  law  enforcement. 

Reapportionment. 

It  will  be  your  duty  to  redistrict  the  State 
for  Legislative,  Judicial  and  Congressional  pur¬ 
poses.  Of  course,  nothing  can  be  done  towards 
establishing  Congressional  Districts  until  Con¬ 
gress  shall  establish  the  basis  of  apportion¬ 
ment,  but  this  should  not  cause  any  delay  in 
fixing  Legislative  and  Judicial  Districts.  In 
the  matter  of  redistricting  the  State  for  all 
of  these  purposes,  1  trust,  a  spirit  of  fairness 
will  characterize  your  actions.  No  political 
party  can  permanently  profit  by  practicing 
manifest  unfairness.  The  history  of  other 
States,  teaches  us  that  honest  men,  in  all  par¬ 
ties  resent  outrageous  gerrymandering.  In  no 


—11— 


State  in  this  Union  are  there  to  be  found  a 
larger  percentage  of  fair-minded  people  than 
live  in  Oklahoma.  Your  duty  as  Representa¬ 
tives  of  Ihe  people,  is  to  the  entire  citizenship 
of  this  State,  and  not  to  any  portion  of  that  cit¬ 
izenship.  No  matter  how  zealously  we  may 
serve  any  political  organization,  if  thereby  we 
fail  to  render  just  service  to  all  the  people,  we 
have  failed  to  perform  our  real  duty.  Nor  has 
any  political  party  the  right  to  demand  or  ex¬ 
pect  that  you  do  less  than  your  duty  to  all  of 
the  people.  The  usefulness  of  any  political 
party  or  organization,  reaches  its  end  when 
that  party  ceases  to  be  fair  and  just.  The  ma¬ 
jority  party  in  this  State  has  won  its  triumphs 
thus  far,  because  it  has  championed  the  rights 
of  the  people,  and  has  dealt  with  uniform  open¬ 
ness  and  fairness  with  them.  It  will  continue 
to  be  the  dominant  party  as  long  as  it  continues 
this  policy  of  fairness,  but  when  it  outrages 
right,  it  will  deserve  and  receive  rebuke  at 
the  hands  of  the  people. 

Code  Commission. 

Past  Legislatures  have  appropriated  thou¬ 
sands  of  dollars  of  the  people’s  money  in  an 
effort  to  obtain  a  sensible  codification  of  the 
laws  of  the  State.  That  this  codification  is 
necessary,  is  admitted  by  all,  and  no  man 
objects  to  a  reasonable  expenditure  of  money, 
if  the  desired  result  is  obtained.  The  trouble  is, 
the  money  has  been  appropriated  and  used,  and 
no  accepted  Code  has  been  produced.  It  is 
unfortunate  that  division  arose  among  the  mem¬ 
bers  of  the  Code  Commission,  as  to  the  proper 
course  to  be  followed  in  the  progress  of  that 
work. 

I  am  not  undertaking  to  say  who,  if  any  one, 
is  at  fault.  This  much  I  do  say  unhesitatingly, 
the  money  expended  should  have  produced  a 
splendid  Code.  It  is  no  justification  of  exist¬ 
ing  conditions  to  say  that  other  States  have 
spent  more  money  for  a  like  purpose.  Other 
'  States  have  frequently  done  things  that  we  do 
not  care  to  approve.  The  Oklahoma  spirit  is  to 
do  things  in  a  proper  way,  and  with  the  least 
burden  to  the  people.  The  tax  payers  are  de¬ 
manding  to  know  why  the  work  for  which  their 
money  has  been  used  is  not  completed.  They 
have  a  right  to  make  this  demand  and  to  know 
the  facts.  As  the  representatives  of  the  people, 
they  are  expecting  you  to  protect  their  interests 
in  the  matter. 

In  a  spirit  of  fairness  to  both  factions  of  the 
Commission,  this  Legislature  should  investi¬ 
gate  the  work  done,  and  place  the  responsibility 
where  it  belongs.  You  should  not  stop  there, 
but  you  should  continue  your  labors  until  a 
Code  is  produced.  The  quarrels  and  disagree¬ 
ments  among  the  members  of  the  Code  Com¬ 
mission  are  not  interesting  to  the  people;  the 
personal  ambitions  of  these  excellent  gentle¬ 
men  are  of  no  public  importance.  What  the 
people  want  and  have  paid  for,  is  a  satis¬ 
factory  Code,  and  nothing  short  of  this  will 
satisfy  them. 

Court  Relief. 

The  crowded  condition  of  the  docket  of  the 
Supreme  Court  of  the  State,  demands  serious 
consideration  at  your  hands.  No  one  will  charge 


—12— 


that  the  members  of  that  Court  are  not  doing 
their  full  duty.  They  are  all  tireless  workers, 
and  each  is  doing  his  utmost  to  relieve  the  con¬ 
gestion.  But  there  is  a  limitation  placed  upon 
human  accomplishment,  beyond  which,  no  man 
can  go.  Hundreds  of  cases  are  now  docketed, 
awaiting  a  hearing,  and  the  number  is  daily 
increasing. 

The  crowded  condition  of  the  docket  is  a 
potent  factor  in  still  further  increasing  the 
number  of  appeals.  The  unsuccessful  litigant 
in  the  lower  court,  when  he  realizes  that  his 
case,  if  appealed,  cannot  be  reached  for  years, 
is  often  tempted  to  appeal  his  case,  in  order 
that  he  may  delay  justice.  It  is  not  unreason¬ 
able  to  assert  that  if  speedy  hearing  could  be 
had  of  all  cases  appealed,  the  number  of  ap¬ 
peals  would  be  materially  reduced. 

There  are  three  remedies  suggested  to  relieve 
the  situation.  First,  the  addition  of  other  mem¬ 
bers  to  the  court;  second,  the  creation  of  a 
temporary  intermediate  court,  and,  third,  the 
limitation  of  the  right  of  appeal.  To  me,  the 
first  proposition  does  not  appear  to  offer  sub¬ 
stantial  relief.  At  any  rate,  it  is  questionable 
liow  seven  men  can  more  quickly  decide  a  ques¬ 
tion  than  five  can.  The  second  remedy  pro¬ 
posed  would  give  temporary  relief,  for  whatever 
work  was  given  to  that  court  would  be  taken 
from  the  existing  court,  and  the  docket  could 
be  cleared  in  a  reasonable  length  of  time.  The 
objection  to  this  proposition  is  that  it  would 
materially  increase  the  court  expenses  of  the 
State,  and  offer  no  permanent  relief;  for  as 
soon  as  the  court  was  abolished,  the  present 
condition  would  likely  return.  The  third  rem¬ 
edy  would  afford  permanent  relief,  without 
added  cost  to  the  people,  and  would  not  injure 
litigants.  Give  final  jurisdiction  to  District 
Courts  in  all  cases  where  the  amount  involved 
does  not  exceed  five  hundred  dollars,  and  you 
will  give  permanent  relief  to  the  Supreme 
Court. 

I  hope  there  will  be  no  serious  attempt  made 
on  your  part  to  make  wholesale  changes  in  ex¬ 
isting  laws.  The  majority  of  the  people  of  the 
State  want  to  see  conditions  become  settled  in 
Oklahoma,  and  this  can  never  be,  as  long  as  our 
laws  are  the  subject  of  constant  change.  Taken 
as  a  whole,  the  laws  of  the  State  are  admirable, 
and  the  people  want  to  see  them  “tried  out.” 
Where  experience  has  shown  that  weakness 
exists,  that  fault  should  be  corrected,  but  it  is 
not  fair  to  condemn  the  entire  lawr,  because 
there  happens  to  be  an  objectionable  section 
therein.  The  modern  tendency  is  to  grind  out 
laws  without  regard  to  needs  or  results,  as  if 
the  merits  of  a  Legislative  body  were  to  be 
determined  by  the  number  of  laws  passed.  The 
result  is,  that  few  lawyers  have  a  knowledge 
of  the  laws,  while  the  average  citizen  is  com¬ 
pletely  bewildered  and  lost  in  the  interminable 
maze.  Fewer  laws  in  simpler  language  and 
more  readily  understood,  and  more  effectively 
enforced,  will  find  favor  among  the  masses  of 
the  people,  and  will  bring  into  being  an  era  of 
prosperity  and  growth  not  hitherto  known. 

I  trust  that  your  deliberations  will  be  pleas¬ 
ant  to  you,  and  profitable  to  the  people  of  the 


— 13— 


State.  It  will  at  all  times,  be  a  pleasure  for 
me  to  render  you  any  assistance  in  my  power, 
and  I  trust  that  you  will  feel  no  hesitancy  in 
calling  upon  me  for  any  information  that  you 
may  desire,  that  it  is  in  my  power  to  supply. 

Respectfully, 

LEE  CRUCE,  Governor. 


UNIVERSITY  OF  ILLINOIS-URBANA 


3  01 1 2 1 22703223 


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